Ordinary High Water Mark IndicatorsBucki v. Cone Navigability Test Broward v. Mabry Navigability Test Martin v. Busch Best Evidence Baker v. State Non-Navigable Water Bodies Water MarksMacnamara v. Sportsmen's Assoc. Water Marks Text Box: Continuing Education Credit 6 Hours
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                         Florida Case Law on Nontidal Water Boundaries

 

Course Description – “Florida Case Law on Non-Tidal Water Boundaries”

Approved Florida Board of Professional Surveyors and Mappers – Course No. 7439

6 HR. Continuing Education Credit in Laws and Rules Category

Author:  David Melvin, PLS, CFM

 

“Florida Case Law on Non-Tidal Water Boundaries” is a six hour course that reviews Florida Case Law involving Non-Tidal Water Boundaries.  The author has selected Florida court cases that serve to illustrate concepts and principles related to navigability determination and Ordinary High Water Line location. 

 

Course Topics - “Florida Case Law on Non-Tidal Water Boundaries

 

· Navigability Test

· Sovereignty Submerged Lands

· Public Trust Doctrine

· Equal Footing Doctrine

· Swamp and Overflowed Land

· Ordinary High Water Mark

 

Course Objectives – “Florida Case Law on Non-Tidal Water Boundaries”

 

The objective of “Florida Case Law on Water Boundaries” is to present information regarding Florida court cases that establish legal precedence in boundary determination for non-tidal water bodies in Florida.  The information provided in this seminar will assist the attendee in following the controlling law in the preparation of land boundaries that are contiguous to lakes and rivers.   

 

Evaluation Method – “Florida Case Law on Non-Tidal Water Boundaries”

 

A written examination consisting of twenty multiple choice questions will be used to determine if the course objectives have been met.  The student must achieve a minimum of 70 percent correct answers in order to receive Land Pro Seminars’ Continuing Education Credit Certification.

 

Detailed Outline – “Florida Case Law on Non-Tidal Water Boundaries”

 

Introduction

 

Each of the following court cases will be reviewed in detail

with discussion and explanation regarding the guiding

principles of navigability and water boundary location.

 

Bucki v. Cone

(Florida Supreme Court 1889)

 

Broward v. Mabry

(Florida Supreme Court 1909)

 

Baker v. State of Florida

(Florida Supreme Court 1956)

 

Tilden v. Smith

(Florida Supreme Court 1927)

 

Martin v. Busch

(Florida Supreme Court 1927)

 

Board of Trustees v. Walker Ranch

(Florida 5th DCA 1986)

 

Macnamara v. Kissimmee River Valley Sportsmen’s’ Assoc.

(Florida 2nd DCA 1994)

 

Summary and Final Points